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Miles v. State

58 Ala. 390
CourtSupreme Court of Alabama
DecidedDecember 15, 1877
StatusPublished
Cited by25 cases

This text of 58 Ala. 390 (Miles v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miles v. State, 58 Ala. 390 (Ala. 1877).

Opinion

BEICKELL, C. J.

The indictment is framed on the supposition that the consent of a man, and a woman, to commit adultery, or fornication, is a conspiracy to commit a misdemeanor, and therefore indictable. We know of no authority for such a proposition; nor, so far as we can discover, was it ever before asserted, except in Shannon v. Commonwealth, 14 Penn. St. 226, and then it received unqualified diSa^pprO-[391]*391bation. So long as tbe parties have proceeded no further than to consent and agree, tbe offense rests in mere intention, and a criminal intent must be accompanied by an act in furtherance of it, before it is tbe subject of indictment.

Tbe judgment must be reversed, and a judgment here rendered discharging tbe appellants from further prosecution.

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Bluebook (online)
58 Ala. 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-state-ala-1877.